TERMS AND CONDITIONS


1. SERVICES.

POPIN is a platform that helps partygoers to discover events at various nightlife venues. PopIn is not the owner of any Venue or creator of any of the events listed on our Services. Rather, we focus on enhancing your nightlife experience by providing a platform to help you locate events, make table reservations, purchase event tickets and sign up for guest lists. We also provide content regarding nightlife culture, venues and happenings.

2. USE.

By accessing and/or using our Services, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use our Services. We reserve the right to amend these Terms from time to time. You are responsible for regularly reviewing these Terms. All amendments will be effective upon the posting of such updated Terms. Your continued access to or use of our Services after such posting constitutes your consent to be bound by these Terms, as amended.

3. MOBILE DEVICE.

You are responsible for any mobile device charges due to phone service, data access and/or text messaging arising from your use of the App. You agree to follow all rules established by your mobile device platform or cellular service provider.

4. ELIGIBILITY AND ACCOUNT INFORMATION

A. ELIGIBILITY. To ensure that we are providing a safe community for our users, we require users to meet certain eligibility requirements. By accessing our Site, you represent and warrant

  • That you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms;
  • You have not been suspended or removed from our Services; and
  • That you are in compliance at all times with all applicable laws and regulations.

  • B. ACCOUNT INFORMATION. In order to access portions of our Services, including making table reservations or purchasing event tickets, you may need to register for an account. When you register for an account, you agree to provide us with complete, accurate and up-to-date information in your account profile. You further agree not to share or loan your account to others and to take all necessary security precautions to protect your account from unauthorized use. You assume all responsibility and liability stemming from the use of your account and assume all risks associated with any unauthorized access to your account.

    5. THIRD PARTY LINKS.

    We may provide links or references to other websites or online resources, but we are not responsible for and do not endorse such websites or online resources. Please independently evaluate whether these resources are good for you – your use of such resources is solely at your own risk.

    6. USER CONDUCT.

    Users of our Services are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to our Services. By accessing our Services, you agree not to: Use the App or Site for unlawful purposes; Impersonate any person or entity; Harass, threaten, or defraud users or staff of POPIN or our vendors; Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users; Pretend to be another person or access another user’s account; Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of any party while using our Services; Misrepresent the source, identity, or content of information transmitted via the App or Site; Take any action that would undermine any aspect of the App or Site; Transmit to the App or Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment; Take any action that would inhibit any other users’ enjoyment of the App or Site; or Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the App or Site.

    7. PAYMENTS.

    Service providers payments are made 32hours after the event has ended. This is after necessary verification of the event or reservation materializing.

    8. VENUE POLICIES.

    A. General. The events listed on our Services are owned and operated by our Venue partners. You understand that each Venue has different admission policies, including, but not limited to, rules regarding attire, gender ratio, guest list times and/or capacity limitations. For the best chance of admission, please refer to the information we send you in our booking confirmation. Ultimately, the Venue reserves the right to deny entry for any reason and POPIN has no involvement in that decision

    B.Guest List Access. POPIN provides guest list reservations for certain nightlife events. If you use our Services to sign up for a guest list, you agree to provide your full legal name to us so that the Venue can verify your identity to access the nightclub. Guest lists are solely controlled by the Venue and as such, admission is in their sole discretion. Signing up for a guest list does not ensure that you will be able to access the Venue.

    C. Table Reservations. POPIN assists users with securing table reservations for certain nightlife events. If you use our Services to make a table reservation, you agree to provide your full legal name to us so that the Venue can verify your identity to access the nightclub. If you are making a table reservation, you represent and warrant that you are eighteen years (18) of age or older. Table reservations are not guaranteed until accepted by the Venue, which is in their sole and absolute discretion. You agree to follow the Venue’s procedures for payment, including, but not limited to, pre-payment of a deposit, if necessary. If you booked a table but can no longer attend, please cancel the booking as soon as possible. No shows will result in table booking functionality being removed from your POPIN account. In the event that you had to make a deposit or pre-pay for the table booking, you agree to the terms of the Venue’s cancellation policy, which will be provided to you on the deposit or pre-pay form.

    9. INTELLECTUAL PROPERTY RIGHTS.

    A. Ownership of the Intellectual Property. The Site and App are owned and operated by POPIN. The Site and App and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, software, services, and all other elements of the App and Site provided by us (the “Materials”) are protected by Kenya and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the use of our trademark. You further agree to assign any interest or right you may have in such Materials to us, and to provide information and execute any documents to formalize such assignment.

    B. Site License. Subject to your compliance with these Terms, POPIN grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial purposes.

    C. App License. Subject to your compliance with these Terms, POPIN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install a copy of the App onto your mobile device and to enjoy the copy of the App solely for your own personal, non-commercial purposes. Except as permitted by these Terms, you may not:

  • distribute, transfer, sublicense, decompile or disassemble the App,
  • copy, modify or create derivative works based on the App or
  • reverse engineer or disassemble the App. POPIN reserves all rights in and to the App not expressly granted to you under these Terms.
  • 10. INDEMNIFICATION.

    You agree to defend, indemnify and hold harmless POPIN, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any suits, actions, proceedings, claims, damages, costs, fines, deficiencies, judgments, settlements, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of, related to, attributable to or incidental to:

  • your use of our Services;
  • your violation of these Terms; or
  • your breach of any applicable local, state, national or other law, rule or regulation.
  • 11. DISCLAIMER OF WARRANTIES.

    Your use of our services is at your sole risk unless otherwise explicitly stated. Our services, including the information and contents, are provided on an “as is” basis. POPIN disclaims any implied warranties of title, merchantability and fitness for a particular purpose. POPIN makes no warranty or representations that the information on the site or app is accurate, reliable or errorfree.

    12. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK.

    To the extent permitted by applicable law, POPIN will not be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including personal injury, emotional distress, lost profits, loss of data, or goodwill, service interruption, computer damage, or system failure or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Your sole and exclusive remedy for dissatisfaction with our services is to stop using the site. The amount you have paid us in the past twelve months. POPIN is a platform connecting users who want to attend nightlife events to venues. However, POPIN is not a party to any transaction between users and venues. As such, POPIN hereby expressly disclaims, and you hereby expressly release POPIN from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to any interactions between you and a venue, including, but not limited to the venue

  • Canceling the scheduled event,
  • Changing the performer and/or talent featured at the event,
  • Denying you entrance to an event,
  • Refusing to accommodate a table reservation or ticket sale, or
  • Violating any applicable state, county government law. You acknowledge that certain events may carry inherent risk and by participating in such an event, you assume those risks voluntarily. POPIN is in no way liable for actions taken by users or third parties at an event, including any liability stemming from the users’ or a third party’s consumption of alcoholic beverages.
  • 13. LIMITATIONS

    In no event shall POPIN or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on POPIN Internet site, even if POPIN or a POPIN authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you

    14. REVISIONS AND ERRATA

    The materials appearing on POPIN web site could include technical, typographical, or photographic errors. POPIN does not warrant that any of the materials on its web site are accurate, complete, or current. POPIN may make changes to the materials contained on its web site at any time without notice. POPIN does not, however, make any commitment to update the materials.

    15. LINKS.

    POPIN has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by POPIN of the site. Use of any such linked web site is at the user's own risk.

    16. TERMINATION.

    If you violate any of these Terms (which include by reference our Privacy Policy), or otherwise violate an agreement between you and us, we may delete your account and prohibit you from using or accessing our Services, in our sole discretion. Certain provisions of these Terms will survive the termination of these Terms, including, without limitation, the sections regarding intellectual property, disclaimer of warranties, limitation of liability, agreements to arbitrate, and indemnification.

    17. PRIVACY.

    Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. ;

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
  • 18. MISCELLANEOUS.

    These Terms constitute the entire agreement between us relating to your access to and use of our Services. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.

    19. POPIN may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use

    20. GOVERNING LAW

    Any claim relating to POPIN web site shall be governed by the laws of Kenya without regard to its conflict of law provisions.

    21. CANCELLATION POLICY.

    You cannot cancel your bookings online once it has been confirmed. However, you can write to us at for cancellations. Note that a penalty fee may be charged for cancellations or alterations of dates.

    22. SITE TERMS OF USE MODIFICATIONS.

    POPIN may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

    23. GOVERNING LAW.

    Any claim relating to POPIN web site shall be governed by the laws of the State of Kenya without regard to its conflict of law provisions.